By DayakDaily Team
KUCHING, Oct 10: The Sessions Court here today discharged and acquitted two men charged with armed gang robbery under Section 395 and read together with Section 397 of the Penal Code.
Judge Tuan Musli Bin Ab Hamid ordered that both the accused be discharged and acquitted after the complainant came to Court to withdraw his police report against both the accused persons.
The complainant also gave testimony in Court that his withdrawal report was made voluntarily without any force and that he understood the nature and consequence of withdrawing the report.
The Sessions Court found that based on the evidence of the complainant, the prosecution has failed to prove a prima facie case against both the accused persons.
The case was prosecuted by DPP Cynthia Emmelda Jerry, while both the accused persons were represented by counsels Russell Lim, Jong Yee Ling, and Brendan Ting.
On June 13, 2024, one charge was preferred against both the accused persons.
According to the charge, both the accused had allegedly on Oct 23, 2023, committed gang robbery whilst armed with a samurai knife and a knife.
The charge was framed under Section 395 of the Penal Code and read together with Section 397 of the Penal Code and carries a punishment of imprisonment which may extend to twenty years, and shall also be liable to whipping upon conviction. — DayakDaily
